KULBHUSHAN VERDICT : BATTLE YET TO WIN!

INTRODUCTION TO THE CASE

Mr. Kulbhushan Jadhav was captured by Pakistan in March 2016 and tried in a military court which pronounced its judgment on charges of espionage and terrorism in April 2017. India moved the ICJ in May 2017 challenging the Pakistani military court judgment.

Pakistan claims that Kulbhushan Jadhav was arrested from its restive Balochistan province on March 3, 2016. Pakistan claimed that Kulbhushan Jadhav entered Balochistan from Iran for espionage.

India, on the other hand, refuted Pakistan’s version of the incident saying that Kulbhushan Jadhav was abducted by militants from Chabahar area of Iran where the retired naval officer has business interests.

The militants handed over Kulbhushan Jadhav to Pakistani agencies for money. India then sought consular access to Kulbhushan Jadhav but Pakistan denied it saying that Indian authorities would try to extract information from its spy.

Though Pakistan denied India consular access, the sustained pressure from New Delhi saw Islamabad allowing a meeting of Kulbhushan Jadhav with his mother and wife in Islamabad on December 25, 2017.

International Court of Justice’s verdict on Kulbhushan Jadhav has proven to be a diplomatic victory for India. In today’s landmark judgment given by ICJ, Judges ruled in favor of Kulbhushan by 15:1, the single counter vote against courts order to revoke and review pakistan’s courts decision was given by Ad Hoc of Pakistan. Highlights of the order were

• The ICJ on Wednesday stayed execution of sentence passed to Kulbhushan Jadhav

• Court order to review the decision.Directed pakistan to give counselar access to Mr. Jadhav.

POSITIVE ASPECTS FOR INDIA

  ICJ suspended the death penalty awarded to Kulbhushan Jadhav by the Pakistani military court. Secondly, the ICJ ruled that Pakistan will have to review the entire process of trial and conviction of Kulbhushan Jadhav.

It directed Pakistan to take all measures at its disposal to ensure that Mr Jadhav is not executed pending the final decision in the present proceedings. The court considers that a continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Mr Jadhav.

 ICJ noted that Pakistan breached the obligation incumbent upon it under Article 36 of the Vienna Convention on consular relations. This means that Pakistan has now to provide India consular access to Kulbhushan Jadhav.

Why Mr. Jadhav is not a spy? 

Former Indian Navy officer was claimed to be in service officer and a RAW agent by pakistan and thus accused to be perpetrating unrest activities in Baluchistan and Pakistan.

• Mr. Jadhav was commissioned in the year 1991 and joined National Defence Academy in 1987, if he would have been in service when he was caught he least would had been a CAPTAIN or COMMODORE after 26 years of service. But he is still a commander which is a Lt. Col equivalent rank.
• He retired in year 2001 and there are service records of it.
• If we assume he was an RAW agent, then it will be very difficult to explain why such a senior officer of RAW was doing on field as it is not a practice amongst SPY agencies.
• He was found with an Indian passport, why would RAW who can easily forge a pakistani passport would send its spy with Indian passport in pakistani territory.
• The region where pakistan claims he was found, has absolutely no vegetation and no people. So assuming he was involved in terrorist activities there is impractical. Rather charges of smuggling would had been more implicable as that border region is renowned for it.

Next challenge for India and Mr. Harish Salve, will be to make pakistan adhere to ICJ’s decision. Pakistan rarely has a choice to not to abide by the decision as

• It’s International image is at stake.
• It has violated Vienna convention.
• Death penalty to an innocent Former Indian Navy officer, would resent relations to further low and could even cause skirmishes between the countries.
• In times of economic crisis pakistan cannot afford to worsen its relationship with India nor India’s allies.

Indian diplomats should continue with its stern stance to bring its citizen home. Jai Hind!!!